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5 Mar 2009, 2:33 am
Essex Trading Standards v Singh; [2009] WLR (D) 81 “In order to acquit a defendant of a charge of unauthorised use of registered trade marks in relation to goods, contrary to s 92(1)(c) of the Trade Marks Act 1994, under the statutory defence provided by s 92(5) of the Act, it was not enough for the [...] [read post]
23 Feb 2009, 2:00 am
Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64 “The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment. [read post]
Class representatives and their counsel in the Vitamin C Antitrust Litigation have won another initial round in their suit alleging that Chinese vitamin C manufacturers conspired to fix prices and to limit the output of vitamin C exported to the United States. [read post]
27 Feb 2012, 2:59 am by tracey
Flachglas Torgau GmbH v Federal Republic of Germany: (Case C-204/09);  [2012] WLR (D)  45 “The option given to member states pursuant to the first sentence of the second sub-paragraph of article 2(2) of Parliament and Council Directive 2003/4/EC of not regarding ‘bodies or institutions acting in a … legislative capacity’ as ‘public authorities’ responsible for guaranteeing access to environmental information, could be… [read post]
4 May 2012, 3:10 am by tracey
SAS Institute Inc v World Programming Ltd: (Case C-406/10);  [2012] WLR (D)  131 “The functionality of a computer program, the programming language and the format of data files used in a computer program in order to exploit certain of its functions did not constitute a form of expression of that program within the meaning of article 1(2) of Council Directive 91/250/EEC on the legal protection of computer programs (OJ 1991 L122, p 42) and, as such,… [read post]
24 Jun 2008, 8:58 pm
The Court of Justce handed down an important judgment today in Case C-188/07 Commune de Mesquer v. [read post]
17 May 2011, 2:05 am by sally
Bartlett and others v Secretary of State for Work and Pensions Case (C-537/09); [2011] WLR (D) 158 “The mobility component of disability living allowance constituted a special non-contributory benefit within the meaning of article 4(2a) of and Annex IIa to Council Regulation (EEC) No 1408/71 as amended by Council Regulation (EC) No 118/97 and Parliament and Council Regulation (EC) No 631/2005, and of Council Regulation (EEC) No 1408/71 as amended by Parliament and Council… [read post]
25 Apr 2012, 1:53 am by sally
Wintersteiger AG v Products 4U Sondermaschinenbau GmbH (Case C-523/10); [2012] WLR (D) 117 “Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters meant that an action relating to infringement of a trade mark registered in a member state because of the use, by an advertiser, of a keyword identical to that trade mark on a search engine website operating under a… [read post]
13 Mar 2012, 3:35 am by sally
Huet v Université de Bretagne Occidentale (Case C-251/11); [2012] WLR (D) 71 “National legislation which provided for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts reached a certain duration did not have to require that the employment contract of indefinite duration reproduced in identical terms the principal clauses set out in the previous contract. [read post]
11 Apr 2011, 2:50 am by sally
Toki v Ipourgos Ethnikis Pedias kai Thriskevmaton (Case C-424/09); [2011] WLR (D) 128 “The mechanisms for the recognition of higher education diplomas pursuant to article 3(b) of Council Directive 89/48/EEC, as amended, were applicable where the profession at issue was a regulated professional activity within the meaning of the second sub-paragraph of article 1(d) of the Directive in the member state of origin, irrespective of whether the person concerned was or was not a… [read post]
21 Mar 2011, 6:14 am by sally
Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90 “Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as meaning, in… [read post]